S. JACOB RAJAN BABU, LAW OFFICER, CORPORATION OF CHENNAI, RIPPON BUILDINGS, CHENNAI Vs. GOVERNMENT OF TAMIL NADU, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, FORT ST. GEORGE, CHENNAI

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking for the issuance of a Writ of Certiorarified Mandamus, to call for the concerned records from the respondents, quash G.O.(Nilai) No.33, Municipal Administration and Water Supply (Ma.Na.3) Department, dated 12.02.2016, issued by the first respondent, in so far approving to fill-up the post of Senior Law Officer in the second respondent/Corporation, only by deputation and Resolution No.236 of 2015, dated 27.05.2015, bearing Po.Thu.Na.Ka.No.E2/21762/2013 of the second respondent resolving to fill up the post of Senior Law Officer only by deputation, as illegal, arbitrary and contrary to law and quash the same and consequently, direct the respondents to frame the rules creating avenue of promotion from the post of Law Officer to the Post of Senior Law Officer and consider the petitioner for promotion to the post of Senior Law Officer.

(2.) The facts, as projected by the petitioner and which led to the filing of the above case, read thus:-

(3.) While the petitioner is working as Law Officer, the second respondent created the post of Senior Law Officer and resolved to fill up the post, by Direct Recruitment/Promotion/Deputation and qualification for the same had been prescribed. While so, the second respondent, by the impugned resolution, dated 27.05.2015, resolved to fill up the post of Senior Law Officer, only by deputation. This was objected to by the petitioner, through his representation, dated 27.05.2015, pointing out that he is fully qualified to hold the post of Senior Law Officer and that his right of promotion will be completely taken away, if the post is filled up only on the basis of deputation. However, the first respondent, by the impugned Government Order (Nilai) No.33, dated 12.02.2016, has approved the Resolution of the second respondent, dated 27.05.2015 and thereby, the post of Senior Law Officer, in the second respondent/Corporation, can be filled up only by deputation, thereby barring the internal candidates.